Passed by Shri Atul D. Alsi, Hon’ble President.

1. The complainant has filed complaint case against the non refund of admission fees and tution fees amounted to Rs.13,64,888/- towards cancellation of admission to BDS-part one course and thereby claiming compensation along with interest. 

The story in short is as under,

2. The complainant admitted for academic session 2016-17 on 6.10.2016 through NEET round 30% women’s quota for BDS first year course with O.P. dental college and has initially deposited Rs.1,94,888 on 21.9.2016 by Demand Draft for provisional admission. As per Hon’ble Supreme Court orders the complainant got admission for MBBS course and therefore the complainant immediately contacted Chief accountant of O.P.college on 7.10.2016 for returning of documents but the O.P. told to the complainant that if she pays the entire tuition balance fees on 7.10.2016 before 6.oo p.m. she will get back all documents which the complainant has provided at the time of taking provisional admission to O.P. college.  The complainant has paid entire tuition fees on dated 8.10.2016 of Rs.11,70,000/- as per annexure-3.  Thereafter the O.P. provided all documents to the complainant. After getting admission in MBBS Pandit Jawaharlal Nehru Medical College, Sawangi (Meghe), at Wardha on several occasion complainant visited O.P. for refund of tution fees amounted to Rs.13,64,888/- but O.P  refused to refund of amount for the reason that her seat will remained vacant for whole academic session therefore fees cannot be refunded.  The O.P. has played fraud upon complainant by forcing her to pay entire tution fees to return the document.  Complainant is belong to poor family and denial of refund of amount of Rs.13,64,888/- amount to Unfair Trade Practice and negligence on the part of  O.P. therefore complainant filed  present complaint before this Commission.
3. The O.P. filed reply and denied the allegation and submitted that that complaint was admitted of BDS course for the session 2016-17 against the payment of fees at the time of admission Rs.1,94,888/- and paid Rs.11,70,000/- on 8.10.2016.  The complainant as per own convenience has cancelled the admission and that too after cut of date and therefore the complainant as per rule of MH-CET rule 4.2 refund of fees and Rule-18, not liable for refund of fees after admission is cancelled, after cut-off date as seat is turned to be lapsed and as per rule-7, service bond and penalty as per Government resolution as rule MHT-CET any candidate responsible for lapse of Government/Corporation MBBS/BDS set at will have to pay a penalty of Rs.10,00,000/-. The penalty is also applicable to the candidate resigning a seat after cut-off date of MBBD/BDS.  Therefore as per rules it is not liable for refund of admission fees and tution fees of Rs.13,64,888/- after cut-off date 7.10.2017. Therefore the complaint is liable to be dismissed with cost.

REASONING

4. The complainant has been admitted for BDS-1 year for the academic session 2016-17 from NEET round by acknowledging total payment of Rs.13,64,888/- and issued bonafide certificate on 6.10.2016 as a provisional candidate in the College of O.P. on 7.10.2016. Thereafter complainant has got admission in Jawaharlal Nehru Medical College, Sawangi (Meghe), Wardha for MBBS course. On 13.12.2016.  The complaint sought refund of the admission and tution fees amounted to Rs.13,64,888/.  The O.P. denied the refund of fees as per MHT-CET, Rule 4.2 for refund of fees. There is no provision of refund of fees after cancellation of admission after the cut-off date. Therefore the complainant is not entitled for refund of the deposited amount for BDS Course amounting to Rs.13,64,888/-. Hence complaint is dismissed as per following order.

ORDER

1. Complaint is dismissed.
2. No order as to costs.

Copy of order be furnished to both the parties, free of cost.